If someone was found in possession of a stolen car and the cops got a search warrant to search the shop and the home. He got put in jail, while awaiting his court date, the owner of the stolen car went and started a civil case and sued him. They never took him to court for the civil case, the owner of the stolen car won his case, even though he wasn't yet convicted in criminal Court. To make restitution even though he still wasn't convicted, they seized his home and auctioned it before he was ever found guilty. Should they of been able to do it like that?
The short answer is yes, they can.
The burden of proof in a civil case (preponderance of the evidence) is different than the burden of proof in a criminal case (beyond a reasonable doubt), and the outcome in one case will not necessarily effect the outcome in the other case. O.J. Simpson and Robert Blake are good examples. Both were acquitted in their criminal cases, but found liable in the civil cases filed against them. In addition, there is nothing prohibiting the victim from filing a civil case while the criminal case is pending.
Legal disclaimer: The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship. You should speak to an attorney for further information.
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